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2025 DAILYLAW 8783 (UTT)

USHA SAJWAN v. STATE OF UTTARAKHAND

BA1/1184/2025 · 2025-07-15

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:6129 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1184/2025 Hon'ble Rakesh Thapliyal, J. 1. Mr. D.K. Sharma, learned Senior Advocate assisted by Mr. D.C.S. Rawat and Mr. Ajay Joshi, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Mr. Saurabh Kumar Pandey, learned counsel for the complainant. 4. Present applicant Usha Sajwan, W/o Amit Sajwan is praying for regular bail in relation to FIR dated 05.03.2025, bearing FIR No. 0070 of 2025, registered at P.S. Kotwali Kotdwar, District Pauri Garhwal wherein the present applicant along with eight others (all are officials of department of Garhwal Motor Owners Union Ltd. (GMOU) have been implicated for the offences punishable under Sections 406 and 420 IPC. 5. It is contended by the learned counsel for the applicant that the present applicant was serving as a Class-I Officer in the capacity of Sub-Area Organizer in Paramilitary Force (SSB) and in the year 2018 she took voluntary retirement. It is also contended in para 27 that the applicant was honoured with a medal by His Excellency, the President of India and the Director General of the Force for her contribution. The certificate is also enclosed as Annexure-4. After her retirement, the applicant was given honorary assignment of General Manager in the GMOU in the year 2019. Now, FIR has been lodged by one Vijay Pal Singh with the allegation that on the basis of the forensic audit of company’s account it reveals that some Directors and employees of the company in connivance 2025:UHC:6129 with each other conspired to obtain unlawful gain and cause financial loss to the company by forging the documents and forged vouchers amounting to Rs. 2,48,33,587/-. 6. It is submitted by the learned counsel for the applicant that applicant is innocent and has been falsely implicated and she is languishing in jail since 18.06.2025, and at the time of arrest ground of arrest was not provided. Apart from this, it is also argued that the applicant being a woman be given benefit of Section 480 of BNSS 2023. He further submits that the present applicant has no criminal antecedents. 7. On the other side, Mr. Saurabh Pandey, learned counsel for the complainant seriously opposed the bail application by filing a detail counter affidavit giving details of the internal investigation report, and submits that prima facie without examination of the voucher and the salary slip, the payment were made with the approval of the present applicant as well as the Chairman. 8. Mr. V.S. Pal, learned A.G.A. for the State also pointed out that during investigation some more penal provisions have also been added, i.e., Section 465, 467, 468, 471, 34 and 120B IPC and the investigation has yet not been completed and the charge sheet has not been filed and submits that if the applicant is enlarged on bail there may be possibility that she can influence the investigation. Mr. Pal, also submits that the present applicant has no criminal antecedent and applicant being a woman may be given privilege in terms of Section 480 of BNSS 2023. 9. After hearing the arguments of the learned counsel for the parties and without going through the merits of the case and taking into consideration the past history of the applicant that she was working as a Class-I officer, given various awards and 2025:UHC:6129 now languishing in jail since 18.06.2025, this Court is of the view that the applicant deserves for bail. 10. Accordingly, bail application is allowed. 11. Let the applicant Usha Sajwan be released on bail on her executing a personal bond and furnishing two sureties of the like amount to the satisfaction of the court concerned. 12. It is made clear that after being released on bail, the applicant shall not make any attempts to influence the investigation and she will not leave the county without leave of this Court. It is further made clear that grant of bail to the present applicant will not be treated as precedent in respect of the remaining accused. (Rakesh Thapliyal, J.) 15.07.2025 Parul 2025:UHC:6129